(A) Immediate action authorized. Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals or welfare of one or more persons or of the public generally. It is recognized that circumstances may be such as to justify, and even to require, the Chairperson of the Board of Trustees or other appropriate officer or agency of the town government to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward such abatement.
(B) Recommendation for abatement. The Chief of the Fire Department, the Chief of Police, the town attorney, the building official, the electrical inspector, the plumbing inspector or any other officer subordinate to the Board of Trustees may submit to the Board of Trustees a statement as to the existence of a nuisance as defined by the ordinances of the town or law, and a request or recommendation that it be abated. The Health Officer, any Town Trustee, or any resident or residents of the town may submit such a statement and request or recommendation to the Board of Trustees.
(C) Hearing. The Board of Trustees shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the Board shall have power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or to have it abated, the Board shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other person adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice shall be given to the owner and other persons concerned in writing by mail or by service by a police officer if their addresses are known but, if the names and addresses are not known, and the peace, health, safety, morals or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a paper of general circulation within the town.
(D) Determination; action. If the Board finds that a nuisance does in fact exist, it shall direct the owner and/or other persons responsible for or causing the nuisance to abate it within a specified time if the peace, health, safety, morals or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the consequent delay. If such peace, health, safety, morals or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the Board shall direct the Chairperson of the Board to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 O.S. § 16. The town offices shall send a statement of the cost of such summary abatement to the owner and/or other persons responsible for or causing the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the town collectible as other debts of the town may be collected.
(Prior Code, § 4-2-8) (Ord. 278, passed 1-5-1995)